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United States v. Malone

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 30, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JEREMY MALONE, DEFENDANT.

The opinion of the court was delivered by: David R Herndon Chief Judge United States District Court

ORDER

HERNDON, Chief Judge

This matter was referred to United States Magistrate Judge Donald G. Wilkerson for the specific purpose of conducting a change of plea for Defendant Malone, pursuant to 28 U.S.C. § 636, LOCAL RULE 72.1(b)(2) and Defendant Malone's consent (Doc. 37). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on April 12, 2010 (Doc. 36). During the change of plea, Defendant Malone pleaded guilty to the Indictment, conspiracy to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana, following a thorough colloquy with Judge Wilkerson. Thereafter, Judge Wilkerson issued a Report and Recommendation ("the Report") recommending that the Court accept Defendant Malone's plea of guilty (Doc. 40).

In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed fourteen days to file written objections. As of this date, neither party has filed an objection. Therefore, the Court ADOPTS the Report in its entirety. Thus, it is the finding of the Court in the case of United States v. Jeremy Malone, that Defendant Malone was fully competent and capable of entering an informed plea, that he was aware of the nature of the charges and the consequences of the plea, and that the plea of guilty was a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offenses. Accordingly, the Court ACCEPTS Defendant Malone's guilty plea and ADJUDGES him GUILTY on Count 1 of the Indictment. The Court REMINDS the parties that this matter for sentencing on July 23, 2010 at 9:00 a.m.

IT IS SO ORDERED.

Signed this 30th day of April, 2010.

20100430

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